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(영문) 광주지방법원 2016.02.25 2015고단2216
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 1, 2015, around 10:30 on 10:30, the Defendant stated that “The Defendant would normally pay the taxi fee in the vicinity of the wooden Station located in Honam-dong, and the Defendant would be driving in the D taxi of the victim C, and the Defendant would demand the vehicle to be driving to the Young-dong, and the Defendant would lend money to the laundry because it would be repaid upon arrival of the victim, from the cost of payment to the laundry and the convenience store.”

However, the defendant was not in possession of cash, etc. at the time, and there was no special property, and thus there was no intention or ability to pay the borrowed money.

As such, the Defendant, by deceiving the victim, received 15,500 won as a loan from the victim, and acquired property by defrauding the victim, and had the victim operate the said taxi to the Young-gu Police Station located in Young-gu, Young-gun, Nam-gun, and did not pay 66,200 won of the fee, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of punishment (Selection of a fine in consideration of the fact that the damaged person does not want the punishment of the defendant, although not recovered from damage);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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